MANSINGHBHAI NAROTTAMBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the stage of admission hearing we have been informed by learned counsels appearing for the parties that the pleadings in this petition are complete and looking to the controversies that are involved in it, the petition is required to be finally decided. Hence, Rule. Mr. Amit Kotak, the Ld. AGP appearing for respondent no. 1 - State and Mr. K.M. Patel, the learned counsel appearing for respondent no. 2 - Gujarat Mineral Development Corporation (GMDC) waive service of the rule. The petition is heard fully and now it is being disposed of by this CAV judgment.

(2.) This petition is filed for claiming reliefs to declare that the acquisition of the petitioners' lands without prescribing for an adequate scheme for rehabilitation and resettlement is arbitrary, unreasonable and violative of Article 14, 19 (1) (d), (e) and 21 read with Articles 39, 39(b), 39A and 46 of the Constitution of India; and to direct the respondents by issuing appropriate writ, order or direction to take adequate measures to provide the petitioners appropriate site for resettlement and means to rehabilitate them; further that notifications issued u/S. 4 dated 20/11/2000 and u/S. 6 dated 7/1/2002 and notice issued u/S. 9(3) and (4) dated 10/4/2002 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the L.A. Act') be quashed and set aside, and other reliefs which are ancillary to these main reliefs including refixation of market price of the lands in question.

(3.) To determine the controversies arising in this petition, which is filed under Article 226 of the Constitution of India, certain facts are required to be stated and they are as under :-